JVR Trial Excellence Awards 2022


Robert Goss, Denise Goss v Dr. Tamir Hersonskey 17L-6191 (refiled from 11L-12629) Tried Apr. 19-May 6, 2022

VERDICT: Not Guilty (However, the parties entered into a high/low agreement during jury deliberations).

David C. Hall David Hall is a consummate trial lawyer who has argued over 120 cases to verdict, the vast majority securing defense wins on behalf of the large healthcare organizations he repre- sents. Most of David’s matters involve com- plex medial-malpractice suits with eight and nine-figure exposure. David cofounded Hall Prangle & Schoonveld, LLC in 2002 after leading the medical litiga- tion team at Locke Lord (then called Lord Bissell & Brook). He had been with that firm for nearly 20 years since earning his law degree from the University of Michigan in 1983. Dave has chosen to focus his career in healthcare, defending the toughest cases, including those involving catastrophic inju- ry. In addition to his Fellowship in the pres- tigious American College of Trial Lawyers, David has been recognized as a Leading Lawyer, a Super Lawyer, and Chicago Law- yer magazine including him among the re- gion’s top 20 tort defense attorneys. Prior to this year’s honor, the Illinois Jury Verdict has previously recognized David as one of the state’s top defense trial attorneys.

JUDGE: Marguerite A. Quinn (IL Cook-Law)

PLTF ATTY(S): David J. Rashid, David C. Wise of Wise Morrissey LLC (Chica- go, IL) for both pltfs DEMAND: $38,000,000 ASKED: $50,000,000 - $57,000,000 DEFT ATTY(S): David C. Hall, David L. Kalimuthu, Gina M. Ambrose of Hall, Prangle & Schoonveld (Chicago, IL)(University of Illinois) OFFER: none PLTF MEDL: Dr. Russell Nockels (Neurosurgeon), Dr. Stacy McCarty (Rehab/ Physical Medicine), Dr. Kathy Borchardt, Psy.D. (Psychologist) for Robert Goss

DEFT MEDL: Dr. Pelagia Kouloumberis (Neurosurgeon)

PLTF EXPERT(S): Dr. Michael Fehlings of University of Toronto, 399 Bathurst St., #4W-449, Toronto, Ontario, Canada (416-603-5627) (Neurosurgeon); Dr. Ronald G. Emerson of Hospital for Specialty Surgery, 525 E. 71st St., 5th floor, New York,NY (212-744-2742) (Neurophysiology); Dr. Jeffrey Green of Virginia Commonwealth University Medical Center, 1250 E. Marshall St., Rich- mond, VA (804-828-9160) (Anesthesiologist); Dr. Robert E. Eilers (Rehab/Physi- cal Medicine); Daniel Condon, Ph.D. (Economist) for Robert Goss DEFT EXPERT(S): Dr. Lawrence M. Shuer (Neurosurgeon); Dr. Michael Macken (Neurophysiology); Dr. Kiwon Lee (Neuro-intensivist); Dr. Kara Flavin of Stanford University Neuroscience Health Center, 213 Quarry Road, Stanford, CA (650-723-6333) (Rehab/Physical Medicine) Pltf M-48 underwent a discectomy to address a very large thoracic disc hernia- tion which was compressing his spinal cord. The procedure was performed by deft neurosurgeon at Provena St. Joseph Medical Center in Joliet on March 25, 2010. The”gigantic” T6-7 herniated disc occupied about 75% of the spinal canal preoperatively, it was described as one of the largest thoracic disc herniations most of the experts had ever seen, and it was at a level known to be an area of low blood supply. Deft Dr. Hersonskey elected to perform the surgery us- ing a posterolateral transpedicular approach with both debulking and fusion. During the surgery, a neurophysiology technician monitored the intraoperative neurophysiology signals, but never informed the surgeon when MEP (motor evoked potential) signal abnormalities occurred and continued for nearly an hour. Shortly after Dr. Hersonskey began debulking the disc, he was informed for the first time by the technician that the neurophysiology signals had been completely lost. As a result, pltf sustained spinal cord damage, permanent paraplegia(paralysis waist down), and bladder and bowel dysfunction. Pltf con- tended Dr. Hersonskey negligently performed the surgery, used an improper


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